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Discussion in 'Gun Legislation' started by zembonez, Feb 27, 2008.
This is an interesting article on carrying a concealed handgun without a CCL.
Interesting. I wonder what the ramifications of this will be.
Thanks for the link. As usual, the article appears to have a liberal anti-gun slant to it, though it didn't quite seem as overly hostile towards the second amendment as it could have been. Reader comments #1 (from an executive director of the TSRA no less) and #2 are a perfect rebuttal to set the record straight. I am incredibly happy that Governor Perry signed the Castle Doctrine into law. As of September 1st '07, I now always carry a gun in the center console on out of town trips, though I need to be more consistent on "carrying" the gun in the center console everywhere I drive because you never know when you might be attacked (hopefully never).
That article made some misconceptions in regards to the "traveling" law and basically implied that it would make it alright for people to illegally concealed carry a firearm without the proper permit, and that the police would not be able to do anything about it which is preposterous at best. In reality, concealed carrying without a permit is a pretty serious offense, and if an officer stops someone, walking down the street for example, for some reason and happens to find that they are carrying without a permit, you can bet that person is going to be arrested until the details can be sorted out.
Another aspect raised by the second reader comment was protection against prosecutorial abuse, which the Castle Doctrine does effectively protect against or at least should in theory (I have yet to hear about any incidences since the law's enactment). Houston DA Chuck Rosenthal is a shockingly negative example of why it was necessary to create such a law. He continually instructed police to simply arrest ANYONE carrying a gun in their car without a CHL and let the courts figure it out. I'm sure I don't have to explain why subjecting law-abiding citizens to unnecessary legal trouble (not to mention the considerable associated costs) and forcing them to prove their innocence is just downright wrong and unconstitutional. After all, our judicial system is supposed to afford an assumption of innocence unless proven guilty. Long story short, I don't have all the details however there have been several scandals involving Houston DA Chuck Rosenthal that have recently come into the public's eye. Apparently racist emails were found on his computer, and he was committing adultery with a co-worker. Even worse is the fact that apparently a Houston crime lab was proven to be falsifying data, and the DA's office had apparently been found to be relying on false testimony more than once, yet Chuck Rosenthal still remained aggressive in his use of the death penalty, completely flying in the face of all logic.
It was I believe 2-15-08 that Chuck Rosenthal resigned his commission as Houston District Attorney. Here's an eye-opening article on the guy:
It never surprises me that many of the people who turn out to be threats to our liberty, themselves, turn out to be criminals in some form or another.
On another note, I should have my CHL within the next month or 2.
I think its great to be able to carry in your car with out a license but I'd rather play it safe and get the license and be on the safe side.
There are those who view the CCL as the government's way of knowing where the guns are.
I think they mostly wear tinfoil hats though... but what if they are right?
Just brings the enemy to your doorstep.
That's why there was a law the went into effect Sept. 1 that keeps CHL holders names from being released or available under open records laws.
As far as the carrying while traveling deal, I've heard a few things bout this from a CHL instructor, LEOs and couple of lawyers which makes sense. Sure the burden of proof has shifted to the officer, but it's also at the LEO's discretion to detain you. Do you really want to go through the hassle being detained and possibly jailed just because you're carrying while walking from a parking lot to your hotel? If an officer feels his safety and yours is in danger, he/she will detain you. My CHL instructor called it the Barney Fife law because there are still those LEOs who want to prove something to somebody so they may make you an example. I'd rather have my CHL that's cut and dried with no questions.
Get your CHL if you haven't already. That's just my $.02
Edit: BTW, I really like these comments to this article:
No wonder the officer asked not to be named...it's about the dumbest statement I've ever heard. Gang members have never had a problem carrying weapons, concealed or otherwise. Charging gang members with weapons violations and confiscation has worked like a charm don't you think? A sensible and more effective approach, instead of arresting gang members, would be to allow law abiding citizens blow their freaking heads off. Problem solved...forever.
Law abiding citizens hardly ever shoot the wrong guy in self defense. Criminals regularly shoot inocent people just for kicks. If you want to save lives encourage citizens to arm themselves.
Comment by BigMil — October 26, 2007 @ 11:38AM
For a Dallas Police Officer to state, "We're letting drug dealers with Glocks under the seat go and say have a nice day", Pretty much explains why Dallas has such a high crime problem. In my jurisdiction we arrest drug dealers on the spot, whether they have a Glock under the seat or not. Of course, when you do not know the difference between illegal drugs and gypsum powder, I can see why you may have trouble identifying a drug dealer from a drywaller.
Comment by Paul Hurst — October 27, 2007 @ 08:06PM
An anonymous Dallas officer said, "We're letting drug dealers with Glocks under the seat go and say have a nice day."
Here's a novel thought: if they're drug dealers, arrest them for dealing drugs!
Also from the article: "The officer says that Dallas patrol cops have received no information or training on the change in the law. A call to the Dallas police media office prompted puzzlement. 'No one's told us,' says Sergeant Gil Cerda. 'We have yet to receive a legal briefing on that.'"
According to the Dallas PD, ignorance of the law is a perfectly valid excuse. Thanks, Sergeant Cerda!
Comment by Kevin Craig — October 27, 2007 @ 10:04PM
The Texas CHL program is a very good one, that is why we have reciprocity in so many places. I recommend everyone who has a pistol to get a CHL here in Texas. Even if you never need it (I hope none of you do), it at least gets some numbers behind the cause. The more responsible citizens that get a CHL, the better our group looks like.
Travis, what stage are you at with your CHL?
I'm at the lazy stage, meaning it's been a few months since I completed the class, test, etc. I basically just need to get printed and turn the paperwork in, though I keep procrastinating for one reason or another (I know, I'm an idiot). Generally from everything I've seen it appears it usually takes between 1-2 months to get the CHL back from the DPS. Nolan, if you have any questions about the process, I'll be glad to answer them as best I can.